European Master's Degree in Human Rights and Democratisation
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European Master’s Degree In Human Rights and Democratisation Awarded Theses of the Academic Year 2014/2015 “Duty to disobey? A perspective on the new civil disobedience, between international actors and digital media” Thesis by Elettra Repetto European Master’s Degree in E.MAHuman Rights and Democratisation EIUC gratefully acknowledges the contribution of the European Commission which made this publication possible. © Venice: EIUC, 2016 DOI 10.7404/eiuc.ema.20142015.04 www.eiuc.org European Master’s Degree In Human Rights and Democratisation Awarded Theses of the Academic Year 2014/2015 “Duty to disobey? A perspective on the new civil disobedience, between international actors and digital media” Thesis by Elettra Repetto FOREWORD The European Master’s Programme in Human Rights and Democra tisation (E.MA) is the first Master’s course in human rights and dem ocratisation launched and financed by the European Commission that later served as model for establishing other Regional Master’s around the world. Since January 2013 these are all connected and managed by the European InterUniversity Centre for Human Rights and Democratisation (EIUC) under the Global Campus of Regional Master’s Programmes (GC). E.MA is a oneyear master’s course aimed at preparing professionals to respond to the requirements of daily work in international organ isations, field operations, governmental and nongovernmental bodies, and academia. The programme offers an action and policyoriented approach to learning about human rights, democratisation and inter national relations from legal, political, historical, anthropological, and philosophical perspectives. This interdisciplinary nature and wideranging scope of E.MA reflect the benefits of true European interuniversity cooperation in human rights education. It is an inter disciplinary programme that reflects the indivisible links between human rights, democracy, peace and development. During the first semester in Venice, students have the opportunity to meet in a multicultural environment and be taught by leading academics, experts and representatives of international and nongovernmental organisations. During the second semester students relocate to one of the participating universities in the various EU Member States to follow additional courses in an area of specialisation of their own choice and to write their thesis under the supervision of the E.MA Director or other academic staff. After successfully passing exams and completing a Master’s thesis, students are awarded the European Master’s Degree in Human Rights and Democratisation jointly conferred by a group of EIUC/E.MA universities. Each year the E.MA Council of Directors selects five theses which stand out not only for their formal academic qualities but also for the originality of topic, innovative character of methodology and approach, and potential usefulness in raising awareness about neglected situations or issues and capacity for contributing to the promotion of the values underlying human rights and democracy. The E.MA Awarded Theses of the academic year 2014/2015 are: • Desguin, Noemi, Land Insecurity and Barriers to the Realisation of the Fundamental Right to Water and Sanitation. The Tale of Two Slums in Delhi, Supervisor: Prof. Zdzislaw Kedzia, Adam Mickiewicz University, Poznan´. • Genevey, Moana, Fear, Hatred, and the Limits of Law. A Critical Analysis of French Political Discourse Following Terrorist Attacks, Super visor: Dr. Natasa Mavronicola, Queen’s University, Belfast. • Ivanova, Desislava, The “Insignificant” Other. Bulgarian Ethno nationalism in Past and Present Policies Towards the Roma, Supervisor: Prof. Adalberto Perulli, Ca’ Foscari University, Venice. • Repetto, Elettra, Duty to Disobey? A Perspective on the New Civil Disobedience, Between International Actors and Digital Media, Supervisor: Dr. Graham Finlay, University College Dublin - National University of Ireland. • Ruppacher, Raphael, Not That Kind of Gay. Credibility Assessment and the Concept of Sexual Orientation in European Asylum Law, Super visor: Prof. Helena Pereira de Melo, New University of Lisbon. This volume includes the thesis Duty to Disobey? A Perspective on the New Civil Disobedience, Between International Actors and Digital Media by Elettra Repetto, and supervised by Dr. Graham Finlay, University College Dublin - National University of Ireland. BIOGRAPHY Former philosophy student and ecologist activist, I have always been interested in promoting and widening political participation, revising the concept of membership. Expert in the use of social media and passionate about photography and documentaries, after working in an asylum seekers facility centre in Italy for Caritas, I decided to work on migration and participation using also videos as advocacy tools. ABSTRACT The aim of this thesis is to analyse the concept of civil disobedience and to give a justification for it, to finally assess whether or not it is possible to claim that there is a duty to disobey. The initial focus will be on the definition of the concept of civil disobedience itself, to move then to the actors involved, from social movements, to nongovernmental organisations, and power holders, and show how the nationstate is not the only entity that counts in the political sphere, nowadays. I will then question the idea of a nonviolent civil disobedience, to include violence in the definition of it, maintaining however the difference between civil disobedience and revolution. Afterwards, I will consider the concept of responsibility and the reasons of the dissenters, before turning to Internet as the new space where new actors, such as Anonymous and the whistleblowers, make a more pluralistic politics. So, I will justify civil disobedience on the basis of democracy as an inclusive system, and on the respect that the institutions should have for our moral agency. I will consequently derive from this the idea that dissenters should be punished in a more clement way than common criminals. Finally, I will conclude by arguing that, under certain circumstances, we might have a duty to disrespect the law. I will base this claim on the fact that, to be full individuals, we have to be political individuals, ready to act. Like past editions, the selected theses amply demonstrate the richness and diversity of the E.MA programme and the outstanding quality of the work performed by its students. On behalf of the Governing Bodies of EIUC and E.MA and of all participating universities, we congratulate the author. PROF. MANFRED NOwAk EIUC Secretary General PROF. RIA wOLLESwINkEL E.MA Chairperson European Master’s Degree in Human Rights and Democratisation Awarded Theses of the Academic Year 2014/2015 Thesis by Elettra Repetto EIUC gratefully acknowledges the contribution of the European Commission which made the release of this thesis possible © 2016 by EIUC First edition: xxxx 2016 DOI XXXXXXXXXX www.eiuc.org ELETTRA REPETTO DUty tO DISOBEy? A PERSPECtIvE ON tHE NEw CIvIL DISOBEDIENCE, BEtwEEN INtERNAtIONAL ACtORS AND DIGItAL MEDIA ELETTRA REPETTO I owe a special thanks to Professor Graham Finlay, for having been so kindly patient and having supervised my work, which I am sure gained a lot from his critical analysis. I am grateful to Heidi Reily for having been so helpful for the entire period of my staying at UCD, and having invited me to some interesting conferences that widened my view on the role we can have as human rights activists. My gratitude goes to my family, that has always pushed me to follow my con victions, even in difficult situations and whose support is priceless. A special thanks goes also to Virginie and Serena, for their time and their friendship. I am in debt with Michela, Zoë, Hedda, Athina, for having supported me from all over Europe until the very end of this thesis, and in particular with Athanasia with whom I have shared long talks around this topic and around “the good society.” Finally, I would like to thank all my friends, all those that during these years discussed with me of politics, justice and freedom. This thesis is just the continuation of our discussions. 2 DUTY TO DISOBEY? tABLE OF CONtENtS 4 Introduction 7 I. towards a New Definition of Civil Disobedience 7 1. Disobedience as a Public Act 12 2. the Disobedients. From National Actors to International Movements 21 3. On Violence 28 II. The Concept of Responsibility. Consequences and Reasons of Disobedience 28 1. Facing the Consequences of Disobedience 32 2. Against the Law for the Law. the Idea of the Good Society 38 III. the Digital Era. the Democratic Net 38 1. Anonymous and the New Hacktivism 47 2. Internet. A New Political Space without Borders, without Bodies 54 IV. Justifications and Duty 54 1. Disobedience, Autonomy and Freedom for the Sake of Democracy 61 2. Punishment. the Legal Answer to the Breach of the Law 66 3. Is there a Duty to Disobey? 70 Conclusion 73 Bibliography 3 ELETTRA REPETTO INtRODUCtION Obedientia Civium Urbis Felicitas Dublin city motto As story shows us, being a human rights activist often implies being also a disobedient. Nelson Mandela and Gandhi fought their battles also using illegal means and they are acknowledged for being fundamental figures in creating a culture of respect among human beings. Indeed, fighting for human rights worldwide often means opposing the status quo, which could entail also resorting to disobedience, for the sake of changing a state of affairs perceived as unjust. This is precisely what civil disobedience is, an illegal act brought about by conscientious agents in order to change the law, or part of the system they are opposing, because they consider this system to be unfair, unequal, unjust. The way I conceive it, disobeying means to be so highly committed to an ideal of justice, to be ready to resort to illegal means to fight for this ideal. A disobedient, in this framework, cares more about the cause she is disobeying for, than only about her personal interest, and she is ready to be responsible for disobeying.